The Thirteenth Amendment was ratified on December 6, 1865. In the aftermath of the Civil War, this amendment banned slavery in the United States, ending a barbaric system that had been legal in America for well over a hundred years. Four million people, an entire eighth of the U.S. population, were freed as a result.

The Emancipation Proclamation had freed slaves in many states nearly three years prior, but the Proclamation was officially a wartime measure, not a formal law. Unlike the Thirteenth Amendment, it did not guarantee the total abolition of slavery.

Finally free, former slaves struggled to adjust to living in freedom with their former owners as neighbors. Many freedmen required education previously denied to them, including basic skills such as reading and writing. African-Americans also began migrating to other parts of the country, including the North and the western frontier, in pursuit of greater opportunity.

Though the Thirteenth Amendment banned slavery in the United States, it did not give citizenship to African-Americans, nor did it give African-American men the right to vote. These gains were not accomplished until the passage of the other Reconstruction amendments, the Fourteenth and Fifteenth Amendments, in 1868 and 1870, respectively.

Below is a collection of resources recognizing this crucial piece of American law. Browse these resources or jump from section to section by clicking the links below:

• Full text of the Thirteenth Amendment

• Relevant Discovery Pages and materials from the First Amendment Library

• Selected online resources

• Commentary and articles from JMC fellows

From JMC’s First Amendment Library:

Free Speech and Slavery

As the country grew more divided over the question of slavery in the early 19th century and as the threat of secession by the slave states in the south loomed larger over the political landscape, efforts were made in both the south and the north to suppress the slavery issue. Many southern states radically regulated the press, preventing dissemination of anti-slavery literature. Since at this time the Bill of Rights was understood to apply only to the federal government, there was no constitutional question about such measures. However, much of the anti-slavery literature in slave states was being introduced by northern abolitionists through the federal postal system. In response, southern states mandated that their post-masters refrain from delivering anti-slavery materials. Many northern states tolerated these measures either out of support for slavery or out of fear of secession. Congress eventually supported the effort to quarantine the South from anti-slavery agitation with the Post Office Act of 1836, which permitted post-masters to respect local censorship laws. Though this was a federal law and therefore was subject to the First Amendment, it was never brought to the Supreme Court.

Read more about free speech and the anti-slavery movement >>

 

JMC Discovery Pages

Black History and African-American Political Thought

African-Americans have made a lasting impact on the United States and our nation’s history. Figures such as Frederick Douglass and Martin Luther King Jr. are well remembered today for their insights and political thought. In honor of black history and the contributions that African-Americans have made to our country, JMC presents a collection of fellows’ articles and other resources on African-American history and political thought.

Learn more on the Black History Discovery Page >>

 

 

The Fourteenth Amendment

The Fourteenth Amendment was ratified a few years after the Thirteenth, on July 9, 1868. The amendment granted citizenship to those born or naturalized in the United States and guaranteed freedom, due process, and equal protection under the law to all Americans. In doing so, it expanded the scope of the Constitution’s protection of individual liberty; now the Constitution protected rights not only from infringement by the federal government, but from infringement by state and local government as well.

Learn more about the Fourteenth Amendment >>

 

 

Frederick Douglass and 19th Century Political Thought

Frederick Douglass was one of America’s foremost intellectuals and greatest figures in the American antislavery movement. Douglass told the story of his escape from slavery and his arguments against that “hateful thing” were some of the most persuasive of the time. His impressive oratory skills sent him to the national stage, where he influenced other American contemporaries such as Abraham Lincoln, William Lloyd Garrison, and John Brown.

Learn more on the Frederick Douglass Discovery Page >>

Commentary and articles from JMC fellows:

Slavery, Political Philosophy, and Constitutional Law

 

William Allen, Re-Thinking Uncle Tom: The Political Philosophy of H. B. Stowe. (Lexington Books, 2008)

Mark Boonshoft, “Doughfaces at the Founding: Federalists, Anti-Federalists, Slavery, and the Ratification of the Constitution in New York.” (New York History 93.3, Summer 2012)

Justin Dyer, Natural Law and the Antislavery Constitutional Tradition. (Cambridge University Press, 2012)

Justin Dyer, “Revisiting Dred Scott: Prudence, Providence, and the Limits of Constitutional Statesmanship.” (Perspectives on Political Science 39.3, 2010)

Justin Dyer, Slavery, Abortion, and the Politics of Constitutional Meaning. (Cambridge University Press, 2013)

Justin Dyer, “Slavery and the Magna Carta in the Development of Anglo-American Constitutionalism.” (PS: Political Science and Politics 43.3, July 2010)

Eliga Gould, “The Laws of War and Peace: Legitimating Slavery in the Age of the American Revolution.” (State and Citizen: British America and the Early United States, University of Virginia Press, 2013)

Peter Onuf, Statehood and Union: A History of the Northwest Ordinance. (Indiana University Press, 1987)

Justin Lawrence Simard, “Slavery’s Legalism: Lawyers and the Commercial Routine of Slavery.” (Law and History Review 37.2, May 2019)

Keith Whittington, “The Road Not Taken: Dred Scott, Constitutional Law, and Political Questions.” (Journal of Politics 63.2, May 2001)

Keith Whittington, “Slavery and the U.S. Supreme Court.” (The Political Thought of the Civil War, University Press of Kansas, 2018)

Jean Yarbrough, “Race and the Moral Foundation of the American Republic: Another Look at the Declaration and the Notes on Virginia.” (The Journal of Politics 53.1, February 1991)

Michael Zuckert, Transcript of the 2013 Walter Berns Constitution Day Lecture: Slavery and the Constitutional Convention. (American Enterprise Institute, September 17, 2013)

 

The Impact of the Thirteenth Amendment

 

Justin Dyer, “Constitutional Confusion: Slavery, Abortion, and Substantive Constitutional Analysis.” (American Journal of Economics and Sociology 76.1, 2017)

Keith E. Whittington (co-author), American Constitutionalism: Powers, Rights, and Liberties. (Oxford University Press, 2014)

Michael Zuckert, “Completing the Constitution I: The Thirteenth Amendment.” (Constitutional Commentary 718, 1987)

Michael Zuckert, “Natural Rights and the Post-Civil War Amendments.” (Natural Law, Natural Rights and American Constitutionalism, Witherspoon Institute/National Endowment for the Humanities, 2011)

 

The Civil War and Emancipation

 

Andrew F. Lang, A Contest of Civilizations: Exposing the Crisis of American Exceptionalism in the Civil War Era. (University of North Carolina Press, 2021)

Andrew F. Lang, “Republicanism, Race, and Reconstruction: The Ethos of Military Occupation in Civil War America.” (Journal of the Civil War Era 4.4, December 2014)

Jonathan White, “155 Years Ago: Lincoln and the Black Delegation.” (The Lincoln Forum Bulletin 42, Fall 2017)

Jonathan White (editor), “The Civil War Letters of Tillman Valentine, Third U.S. Colored Troops.” (Pennsylvania Magazine of History and Biography 139.2, April 2015)

Jonathan White, Emancipation, the Union Army, and the Reelection of Abraham Lincoln.(Louisiana State University Press, 2014)

Jonathan White, “Race, Slavery, and Freedom in the Ohio River Valley during the Civil War.” (Ohio Valley History 16.3, Fall 2016)

Jonathan White, “When Emancipation Finally Came, Slave Markets Took on a Redemptive Purpose.” (SmithsonianMag.com, February 26, 2018)

 

Reconstruction

 

Michael Douma (co-author), “The Danish St. Croix Project: Revisiting the Lincoln Colonization Program with Foreign-Language Sources.” (American Nineteenth Century History 15.3, 2014)

Michael Douma, “Holland’s Plan for America’s Slaves.” (New York Times, July 11, 2013)

Michael Douma, “The Lincoln Administration’s Negotiations to Colonize African Americans in Dutch Suriname.” (Civil War History 61.2, June 2015)

Allen Guelzo, “The History of Reconstruction’s Third Phase.” (History News Network, February 4, 2018)

James Patterson, “Free Markets, Racial Equality, and Southern Prosperity: The Rise and Fall of Lewis Harvie Blair.” (Library of Law and Liberty, November 21, 2014)

Diana Schaub, “Lincoln and the Other Washington.” (Law & Liberty, February 15, 2016)

Rogers Smith, “Legitimating Reconstruction: The Limits of Legalism.” (Yale Law Journal 108, 1999)

Kyle Volk, “Desegregating New York City: The Amazing pre-Civil War History of the Public Transit Integration in the North.” (Salon.com, August 10, 2014)

Michael Zuckert, “Fundamental Rights, the Supreme Court and American Constitutionalism: The Lessons of the Civil Rights Act of 1866.” (The Supreme Court and American Constitutionalism, Rowman & Littlefield, 1997)

Michael Zuckert, “Natural Rights and the Post Civil War Amendments.” (Witherspoon Institute’s Natural Law, Natural Rights and American Constitutionalism, Online Resource Center, 2009)

 

*If you are a JMC fellow who’s published on slavery, the Thirteenth Amendment or its history and interpretations, and would like your work included here, send it to us at academics@gojmc.org. 

 

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